Topic: Legal Framework Governing Cohabitation in the Philippines
Applicable Laws: Family Code of the Philippines, particularly Articles 147 and 148; Civil Code of the Philippines; Supreme Court Decisions relating to cohabitation and property regimes.
Understanding Cohabitation in the Philippines
Cohabitation refers to the situation where two individuals live together and share a domestic life as if they were married, but without the legal formalities of a marriage. In the Philippines, the legal system recognizes the rights and obligations arising from such relationships, especially concerning the properties acquired during the period of living together. This recognition is embodied in the Family Code, which provides specific provisions addressing the property regime of unmarried couples.
Property Regime for Cohabiting Couples
The Family Code outlines two distinct property regimes for cohabiting couples, depending on their legal capacity to marry and the validity of their marriage, if any.
Article 147: For Couples Capable of Marrying Each Other
This article applies to couples who, although not legally married, are capacitated to marry each other. It stipulates that wages and salaries earned by either party shall be owned equally. Properties acquired through their work or industry are considered co-owned, governed by the rules of co-ownership.
Absent contrary proof, properties acquired during cohabitation are presumed jointly obtained through their efforts, work, or industry, thus shared equally. A notable provision under this article is the consideration of non-material contribution, such as the care and maintenance of the family and household, as equivalent to a financial contribution towards the acquisition of property.
The consent of both parties is required for any encumbrance or disposal by acts inter vivos of their share in the property during cohabitation. Upon termination of cohabitation, specific rules apply, particularly regarding the forfeiture of shares in favor of the common children or the innocent party in cases where only one party is in good faith.
Article 148: For Couples Not Covered by Article 147
This article applies to cohabiting couples not capacitated to marry each other or those under a void marriage not falling under the scope of Article 147. It states that only properties acquired by actual joint contribution are considered co-owned, in proportion to their contributions. Like in Article 147, absent contrary evidence, contributions and shares are presumed equal.
Significantly, this provision also addresses scenarios involving a party validly married to another, dictating that such party's share in the co-ownership shall accrue to the absolute community or conjugal partnership of the valid marriage. Furthermore, the rules on forfeiture applicable in Article 147 are similarly applied here.
Legal Implications and Considerations
The Family Code's provisions on cohabitation aim to recognize and protect the rights of individuals in non-marital partnerships, ensuring equity and justice in the distribution of properties acquired through their joint efforts. It reflects the evolving societal norms and the legal system's response to diverse familial structures.
Frequently Asked Questions
What is cohabitation in the context of Philippine law? Cohabitation is the act of living together by a man and a woman who are not legally married to each other but share a life akin to marriage.
How are properties acquired during cohabitation divided? Properties are divided equally among the parties, assuming joint contribution, unless proven otherwise. The specific rules vary depending on the couple's capacity to marry and whether their marriage, if any, is void.
Can a cohabiting partner dispose of property acquired during cohabitation without the other's consent? No, disposal or encumbrance of such property requires the consent of both parties until the cohabitation ends.
What happens to the property if one partner is married to another person? The share of the cohabiting partner who is validly married to another person accrues to the legal spouse's absolute community or conjugal partnership, subject to the Family Code's provisions.
This comprehensive overview elucidates the legal framework surrounding cohabitation and property regimes in the Philippines, providing essential insights for individuals navigating these complex relationships.